Energy Justice and Energy Law

2020 ◽  
Keyword(s):  
Energy Transition ◽  
Legal Rights ◽  
Energy Poverty ◽  
Energy Projects ◽  
Development Goals ◽  
Energy Justice ◽  
The Right ◽  
Procedural Rights ◽  
Energy Law ◽  
Specific Momentum

Energy justice has emerged as a matter of vital concern in energy law, with resonances in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights, consumer protection, international law and trade, and in many forms of regional and national energy law and regulation. The book covers main themes related to justice. Distributive justice, the equitable distribution of the benefits and burdens of energy activities, is challenged mainly by the existence of people suffering from energy poverty. This concept is also associated with substantive energy equity through such measures as the realization of ‘energy’ rights. There is also a procedural (or participation) justice, consisting in the right of all communities to participate in decision-making regarding energy projects and policies that affect them (this dimension of energy justice often includes procedural rights to information and access to courts). Under the concept of reparation (or restorative) justice, the book includes even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the idea of recognition or social justice means that energy injustice cannot be separated from other social ills, such as poverty and subordination based on caste, race, gender, or indigeneity, the need to take into account people who are often ignored. These issues are given specific momentum by thinking through how we might achieve a ‘just’ energy transition as the world faces the climate change challenges.

scholarly journals The Humanitarian Atom: The Role of Nuclear Power in Addressing the United Nations Sustainable Development Goals

Nuclear Law ◽  
2022 ◽  
pp. 271-298
Author(s):  
Sama Bilbao y Leòn ◽  
John C. H. Lindberg
Keyword(s):  
Sustainable Development ◽  
United Nations ◽  
Nuclear Power ◽  
Energy Transition ◽  
Nuclear Technology ◽  
Low Carbon ◽  
Energy Poverty ◽  
Development Goals ◽  
The United Nations

AbstractAfter decades of mostly rhetoric on climate change, robust and urgent actions must be taken to avoid its worst effects. However, the energy transition discourse reflects an anti-humanitarian philosophy that will undermine any serious efforts of achieving decarbonisation, as well as merely entrenching already-existing global inequalities. The potential of nuclear power for radically reducing greenhouse gas emissions has been well-explored. However, to date, few attempts have been made to fully discern the broader positive impacts nuclear technology can have on achieving sustainable and equitable development. Nuclear science and technology have broad applications and should be placed at the centre of policies aimed at combatting energy poverty, reducing air pollution, providing clean water, addressing food insecurity, or fulfilling any other of the United Nations’ 17 SDGs. This chapter explores the centrality of energy in ensuring sustainable development, a just energy transition, and the importance of nuclear energy, which goes far beyond simply delivering low-carbon electricity.

scholarly journals Energy Justice

2020 ◽  
pp. 15-30
Author(s):  
Aileen McHarg
Keyword(s):  
Decision Making ◽  
Energy Transition ◽  
Human Flourishing ◽  
Social Scientists ◽  
Judicial Decision Making ◽  
Guiding Principle ◽  
Regulatory Systems ◽  
Energy Justice ◽  
Energy Law ◽  
Economic Considerations

The explosion of interest in energy justice as a guiding principle for energy law and policy is a highly significant development with potentially radical implications. This ‘ethical turn’ is associated with increased attention to energy matters by social scientists, driven by disillusionment with neo-liberal energy policies and the challenges of the energy transition. Energy justice scholars seek a more holistic, human-centred approach to energy decision-making, which understands the fundamental importance of energy and energy systems to human flourishing, and the complexity of energy decision-making as a socially-embedded phenomenon involving more than merely technical and economic considerations. However, review of the literature reveals a range of different conceptual and theoretical understandings of energy justice in play, which are not always fully developed or mutually consistent. More attention is also required to questions of implementation, particularly what implications energy justice might have for legal and regulatory systems, as well as judicial decision-making.

Introduction

2020 ◽  
pp. 3-12
Author(s):  
Íñigo del Guayo ◽  
Lee Godden ◽  
Donald N. Zillman ◽  
Milton F. Montoya ◽  
José Juan González
Keyword(s):  
Universal Access ◽  
Energy Markets ◽  
Global Inequality ◽  
The Sustainable Development ◽  
Current Trends ◽  
The World ◽  
Development Goals ◽  
Energy Justice ◽  
Economic Transitions ◽  
Energy Law

Energy Justice has emerged as a pressing concern in many parts of the world, driven by factors as diverse as global inequality and poverty, climate change and environmental degradation, and the need to ensure effective economic transitions in the eneegy sector. In this chapter, the editors assess the current trends in energy law and energy justice in terms of fairness, sustainability, and universal access. In this assessment, they take into account the Sustainable Development Goals (SDGs) and the realities of different energy markets. The Introduction canvasses the variety of approaches to determining energy justice which are covered in the subsequent chapters. The approaches to justice are premised on four themes: distributive; procedural; restorative and recognition justice that are explored in theoretically informed chapters and in the case studies grounded in national and regional experience.

scholarly journals National Energy Transition Framework toward SDG7 with Legal Reforms and Policy Bundles: The Case of Taiwan and Its Comparison with Japan

Energies ◽  
2020 ◽  
Vol 13 (6) ◽  
pp. 1387 ◽  
Author(s):  
Mu-Xing Lin ◽  
Hwa Meei Liou ◽  
Kuei Tien Chou
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
Energy Transition ◽  
Energy Development ◽  
Electricity Sector ◽  
Sustainable Development Goal ◽  
The Sustainable Development ◽  
Fair Competition ◽  
Development Goals ◽  
Energy Justice

The main problem explored in this study is how Taiwan and other countries meet the challenges of the United Nations Sustainable Development Goals regarding energy transition by using legal instruments or policy bundles. This study adopts textual analysis and legal policy analysis as its main form of research methodology, and the theory of energy justice, as well as principles of energy management, to correlate with the Sustainable Development Goals. Furthermore, this study aims to construct an analysis structure for national energy transition and to analyze the current situation within Taiwan’s electricity sector reforms, while providing evidence of the national experience of electrical industry reforms as an international reference. This study also compares the differences between the seventh Sustainable Development Goal relationship and national energy transitions in Taiwan and Japan, based on the similar initiative of the revised Electricity Act with the policy bundle. This study specifically finds that, firstly, the theory for energy justice is connected with the principles for energy management, owing to the same concepts of “Fair Competition”, via the recognition of “Energy Development and Poverty”, which correlates with “Environment Protection”. Therefore, the concept of energy transition proposed in this study integrates national energy development policy goals and combines them with environmental sustainability, the green economy, and social equity. Secondly, the national energy transition in Taiwan is a response to the Sustainable Development Goals, and electricity sector-related laws could be used as legal tools for national energy transition. This study concludes that Taiwanese and Japanese governments can strengthen their environmental regulations to promote fair competition directly, with fair competition then being able to enhance stable electricity supply, to enable these countries to move towards the seventh Sustainable Development Goal and its indicators. Finally, the analysis structure used in this study could be used as a policy analysis tool for other countries during their own energy transition, when a nation is willing to strategically reform its electricity sector and make sustainable choices regarding transition paths and policy bundles that are suitable for the situation of the individual country. Then, a nation can make revisions to its laws and formulate a policy that is in line with local conditions, while as simultaneously implementing the Sustainable Development Goals.

scholarly journals Tackling energy poverty through social intrapreneurship in large-scale energy companies

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Maria-Jose Manjon ◽  
Amparo Merino ◽  
Iain Cairns
Keyword(s):  
Stakeholder Theory ◽  
Process Model ◽  
Large Scale ◽  
Energy Transition ◽  
Organisational Change ◽  
Energy Poverty ◽  
Content Type ◽  
Energy Justice ◽  
Energy Companies ◽  
Practical Implications

PurposeThe purpose of this paper is to present advances towards a social intrapreneurship department within energy corporations. By drawing on the literature on social intrapreneurship and stakeholder theory, this paper provides a conceptual proposal for an organisational structure. This paper builds on the notion of bridging and boundary organisations, to suggest an organisational innovative structure as a social intrapreneurship endeavour focussing on the increasing salience of weak stakeholders in energy corporations from the energy justice approach. Design/methodology/approachThis paper draws on the literatures on social intrapreneurship and stakeholder theory, to provide arguments and an organisational proposal to alleviate energy poverty in energy corporations. FindingsThe results are presented in a conceptual process model for the development of Social Energy Department units within large energy companies, illustrating their embeddedness in both societal and company-level processes to facilitate social intrapreneurship initiatives that would alleviate energy poverty in the just transition. Practical implicationsThe paper promises novel insights at the nexus of social enterprise and organisational change. The practical applicability is particularly promising, as it focusses on integrating novel units in energy companies and stimulates further research on models of social intrapreneurship to tackle energy poverty. Originality/valueThe paper offers both practical and theoretical contributions to the stakeholder theory field with insights from social intrapreneurship and organisational stakeholder theory in the context of a specific social problem – energy poverty, energy justice and the just energy transition.

Conclusion

2020 ◽  
pp. 349-356
Author(s):  
Íñigo del Guayo ◽  
Lee Godden ◽  
Donald N. Zillman ◽  
Milton F. Montoya ◽  
José Juan González
Keyword(s):  
Case Studies ◽  
Energy Transition ◽  
Energy System ◽  
Energy Poverty ◽  
The Future ◽  
New Energy ◽  
Energy Justice ◽  
The Individual ◽  
Developed Nations

The individual chapters in this book have addressed how law can advance energy justice in all its multi-faceted aspects. In turn, this chapter provides summary conclusions drawn from the legal analyses contained in those chapters, emphasising how law is essential to achieving global and national goals for energy justice. In doing so, it provides particular emphasis on the fight against energy poverty, while examining the potential for a variety of existing legal measures to provide solutions to pressing energy justice issues for developing and developed nations. The analysis also highlights the lessons that can be learned for the future energy transition from the case studies of the barriers to energy justice that exist in many jurisdictions examined in this collection. In its survey of how Law can assist in facilitating developments, such as decarbonization, that are needed to transit to a new energy system, it has squarely kept a focus on enabling the transition to take place in the fairest possible way.

Electricity Network Tariffs Regulation and Distributive Energy Justice

2020 ◽  
pp. 83-102
Author(s):  
Catherine Banet
Keyword(s):  
Energy Transition ◽  
Theory And Practice ◽  
Distribution Grid ◽  
New Production ◽  
Alternative Sources ◽  
To Come ◽  
Grid Operators ◽  
Energy Justice ◽  
Tariff Structure ◽  
The Right

In the years to come, electricity consumers will face increased grid costs associated with their consumption due to the need for investments in grid infrastructures. Both ageing infrastructures and new production/consumption patterns relying increasingly on distributed and alternative sources will require economic investments by grid operators, which, in fine, will transfer the costs to final customers. The existing models of remuneration for operators and of costs allocation for consumers need to be updated. A reflection has started in several jurisdictions to address the need for revising grid tariff structure(s) in order to ensure a ‘fair’ share of costs between grid system operators and electricity consumers, as well as to develop the right incentives through tariff regulation. This chapter reviews theory and practice of distribution grid tariff regulatory reforms in the context of the current energy transition. It discusses how distributive energy justice can be better integrated into the tariff structure.

PROBLEM ASPECTS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURAL NORMS OF PROTECTION OF THE VICTIMS FROM CRIME

2020 ◽  
pp. 72-76
Author(s):  
Яна Валерьевна Самиулина
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
To Receive ◽  
Selection Of

В настоящей статье предпринята попытка исследовать отдельные проблемные аспекты института потерпевшего в российском уголовном процессе. В этих целях подвергнуты анализу правовые нормы, регламентирующие его процессуальный статус. Раскрываются отдельные пробелы уголовно-процессуального законодательства в сфере защиты законных прав и интересов потерпевшего. Автор акцентирует внимание на том, что совершенствование уголовно-процессуального законодательства в части расширения правомочий потерпевшего по отстаиванию своих нарушенных преступлением прав следует продолжить. На основании проведенного исследования действующего законодательства в части регламентации прав потерпевшего от преступления предлагается расширить перечень получаемых им копий постановлений, указанных в п. 13 ч. 2 ст. 42 УПК РФ. Автор предлагает включить в перечень указанной законодательной нормы право получения потерпевшим копии постановления об избрании конкретного вида меры пресечения, избранного в отношении подозреваемого (обвиняемого). Для создания действенного механизма защиты интересов потерпевших от преступления юридических лиц предлагаем ч. 9 ст. 42 УПК РФ изложить в следующей редакции: «в случае признания потерпевшим юридического лица его процессуальное право в уголовном процессе осуществляет представляющий его профессиональный адвокат». This article attempts to investigate certain problematic aspects of the institution of the victim in the Russian criminal process. For this purpose, analyzed the individual norms governing his procedural status. Separate gaps of the criminal procedure legislation in the sphere of protection of the legal rights and interests of the victim are disclosed. The author emphasizes that the improvement of the criminal procedure legislation in terms of the extension of the victim’s authority to defend his rights violated by the crime should be continued. On the basis of the study of the current legislation regarding the regulation of the rights of the victim of a crime, it is proposed to expand the list of decisions received by him, referred to in paragraph 13, part 2 of article 42 Code of Criminal Procedure. The author proposes to include in the list of the indicated legislative norm the right to receive the victim a copy of the decision on the selection of a specific type of preventive measure, selected in relation to the suspect (accused). To create an effective mechanism for protecting the interests of legal entities victims of a crime, we offer part 9 of art. 42 of the Code of Criminal Procedure of the Russian Federation shall be reworded as follows: «if a legal entity is recognized as a victim, his procedural right in criminal proceedings is exercised by the professional lawyer representing him».

The Rights of Noncitizens in the Territory

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Social Ties ◽  
Legal Rights ◽  
Fair Play ◽  
Moral Claim ◽  
Permanent Residence ◽  
The Social ◽  
The Right

Chapter 10 considers what is owed to noncitizens already present in the territory of democratic countries. It focuses on three groups of noncitizens: those admitted on a temporary basis, those who have been granted permanent residence, and those who have overstayed their temporary visas or entered the territory without authorization. What legal rights are these different groups of noncitizens morally entitled to? How should their claims be weighed against the right of states to control immigration? The chapter argues that the longer one lives in the territory, the stronger one’s moral claim to a more extensive set of rights, including the right to remain. The time spent living in a place serves as a proxy for the social ties migrants have developed (social membership principle) and for their contributions to collective life (fair-play principle).

scholarly journals A Review of Energy Communities in Sub-Saharan Africa as a Transition Pathway to Energy Democracy

2021 ◽  
Vol 13 (4) ◽  
pp. 2128
Author(s):  
Amollo Ambole ◽  
Kweku Koranteng ◽  
Peris Njoroge ◽  
Douglas Logedi Luhangala
Keyword(s):  
Stakeholder Engagement ◽  
Energy Systems ◽  
Sub Saharan Africa ◽  
Energy Access ◽  
Energy Projects ◽  
Global North ◽  
Sub Saharan ◽  
Energy Justice ◽  
Design Proposal ◽  
Ssa Countries

Energy communities have received considerable attention in the Global North, especially in Europe, due to their potential for achieving sustainable energy transitions. In Sub-Saharan Africa (SSA), energy communities have received less attention partly due to the nascent energy systems in many emerging SSA states. In this paper, we argue that these nascent energy systems offer an opportunity to co-create energy communities that can tackle the energy access challenges faced by most SSA countries. To understand how such energy communities are realised in the sub-region, we undertake a systematic review of research on energy communities in 46 SSA countries. Our findings show that only a few energy projects exhibit the conventional characteristics of energy communities; In most of these projects, local communities are inadequately resourced to institute and manage their own projects. We thus look to stakeholder engagement approaches to propose co-design as a strategy for strengthening energy communities in SSA. We further embed our co-design proposal in energy democracy thinking to argue that energy communities can be a pathway towards equity and energy justice in SSA. We conclude that energy communities can indeed contribute to improving energy access in Africa, but they need an enabling policy environment to foster their growth and sustainability.

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